New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-06-17
THE INTERSTATE Ia W.

THE INTERSTATE BAW
The decision Of the Interstate Commission Is
document Of the highest Importance. It's
correspondence with views expressed by The
TRIBUNE In criticism of the Commissions nc.
tion will be recognized by every reader. The
Justice Of those criticisms is in effect admitted
by the decision not to extend temporary or
ders of suspension already granted, but TO
allow them to expire according to their original
limitations, and to refuse similar orders in
cases where reasons as strong or stronger have
been affirmed The Commission comes at
length to tho opinion constantly urged by
The TRIBUNE, that everything must turn on
the Interpretation Of tho qualifying phrase.
Z" under substantially similar circumstances and
conditions and that 1t is not within the power
of the Commission 10 lay down the intcrpreta-
ton Of that phrase. The railroads must In the
first instance decide for themselves what 1t
means, and In the end the courts only can de
eide whether the circumstances and conditions
in any case Justify departure from the general
rule that charges for shorter distances shall
not be greater than for longer distances over
the same route.
This Is the position which the Commission
ought to have taken at the outset. If in any
case the circumstances are not substantially
similar, tho law does not restrict trade, and
the Commission has no occasion to Interfere
Any orders of suspension which have been
based upon proof that the circumstances were
not similar, and justified a lower charge for
the longer than for the shorter Laul. were
therefore out of place and should not have
been issued The Commissions discretionary
power TO relieve companies from the opera
ison OF the fourth section arises only in cases
where. but for such interference the roads
would have been required by the law to charge
as high rates for the longer as for the shorter
haul. and consequently, only in cases where
the circumstances and conditions are sub
stantially similar 1t is remarkable that n
Commission comprising men distinguished Tor
legal learning did not see and act upon this
principle at first. Probably the outcry for re-
lief from Southern roads in which Democmtc
politicians of great influence were interested
was too urgent and with some members Of tic
Commission too potent to be discgarded
Having set itself right on this point at last,
the Commission next proceeds TO declare that
competition with water routes or with foreign
railways may constitute such difference IN
circums' anccs and conditions rs 70 render the
law imperative. THE TRIBUNE has held that
in most cases the courts would 50 interpret the
law. Hence, il the Commission had occasion
or power TO interfere for the relief Of any
Southern roads, because they were subject 10
water competition, there was even more oc-
casion to interfere for relief Of Northern roads
competing with the lakes or with Canadian
lines. The Commission fully admits tha TIC
4 4 ~
sisted. by its final adoption in the House
changed the character Of the act. The House
wanted hard and fast rilc which would have
destroyed competition between railroads and
water routes The Senate refused and the act
as passed, il interpreted by the courts rs the
Commission evidently believes it must be will
not give TO water uansportcrs the monopoly
they have desired Disclosure OF this fact
will perhaps discourage water translorters who
have been building OF ordering new craft in
large numbers, In expectation Of a great in |
crease in their business.
On the other hand, the Commission holds |
that the law docs not Justify lower rates fol
through than for local traffic or lower rates |
where there is competition between railroads |
both subject TO the law, than at less distant
points where no such competition exists or
lower rates for the purpose Of building up |
special industries or encouraging particular |
enterprises or localities Ordinarily it is held |
such differences do not Justify departure from /
the general rule. The railroads must first de
eide for themselves whether in each case they |
are justified in making lower rates for the
longer haulage and tho courts will finally &c
eide whether tho circumstances are, in the mean |
ing of the law, so dissimilar as TO Justify that
course. This Is by far the most important
feature Of the decision. II points to ire
mcndous revolution in transportation, In in
dustries, and In the movement of populat on |
and tho development of resources-a revolution
which it was the main purpose of the law TO
cause. If the law is a bad one in that re
spcct, its repeal or amendment can only be
reached by strict enforcement of the harmful |
provisions, SO that the people shall como to
realize that they are harmful
-
THERE REFORM rs SADLY NEEDED.
AT last jury has been found to try jacob
Sharp, but it has taken nearly five weeks TO
no and IL bac no Sfof, I'm |